NY 859750

Feb. 14, 1991


CLA-2-84:S:N:N1:103 859750

Mr. Scott A. Cohn
Grunfeld, Desiderio, Lebowitz & Silverman
12 East 49th Street
New York, N.Y. 10017

RE: The tariff classification of armature and stator manufacturing machines from Italy

Dear Mr. Cohn:

In your letter dated January 21, 1991 on behalf of Axis USA, Inc. you requested a tariff classification ruling.

This request represents one of several ruling requests you have submitted covering the importation of various machines for the manufacture of armatures and stators. The armatures and stators made by this equipment will be used as components of electric motors for small household appliances, power tools, and automobile DC motors.

Armatures basically consist of coils of wire wound around an iron core. They are produced by assembling metal laminations, or stacks, into a cylindrical shape and then inserting a shaft into slots in the stacks. A commutator, consisting of a molded plastic ring surrounded by a copper shell, is then placed onto the end of the shaft, and wires are wound around the shaft and fused to the commutator. During this process insulating materials are inserted at various stages so as to protect the armature components and wires, and the wires are coated with a resin to protect them from dirt and wear. Finally, the electrical connections in each completed armature are tested. The armatures are transported on metal pallets along a conveyor system from machine to machine as the assembly process occurs. Stators, which are stationary parts of a motor about which a rotor revolves, are produced in much the same fashion.

You inquired about the following specific machines:

1. Models AST and Sassi-BD/RRV stack forming and shaft placing machines - machines which dispense and align a pre- determined number of metal laminations, and then press an armature shaft into a slot in the aligned lamination stack.

2. Model EFPM end fiber placing machine - a machine used to press nylon or vulcanized end fiber insulators, which have been fed from a vibratory bowl, onto both ends of the armature stack.

3. Model SMPM collar placing machine - a machine used to press vulcanized fiber collar insulators, which have been fed from a vibratory bowl, onto both ends of the armature stack covering the shaft.

4. Model CIM armature cell insulating machine - a machine which forms and cuts paper or paper/mylar roll stock insulation material into "cells" and inserts the cells into the slots of the armature stack. The cells provide a protective barrier between the stack and the wire which is later placed in the space between the stack and the armature shaft.

5. Model ACP armature commutator placer - a machine used to press commutators, which have been fed from a vibratory bowl, onto the armature shaft.

Control panels for each machine described above may also be imported with the particular machine.

The applicable subheading for the Model EFPM end fiber placing machine, Model SMPM collar placing machine, and Model CIM armature cell insulating machine will be 8479.81.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for other machines and mechanical appliances for treating metal, including electric wire coil-winders. The rate of duty will be 3.7 percent ad valorem.

The applicable subheading for the Model AST and Model Sassi- BD/RRV stack forming and shaft placing machines, and the Model ACP armature commutator placer will be 8479.89.9090, HTS, which provides for other machines and mechanical appliances having individual functions, not specified or included elsewhere: other. The rate of duty will again be 3.7 percent ad valorem.

A control panel imported together with the machine it will control will be classified in the same subheading as the machine. The above merchandise is not subject to any Voluntary Restraint Agreements or visa requirements.

In a supplemental letter dated January 31, 1991 you also inquired about disassembled machines and parts. In the absence of specific information, we are unable to provide you with a ruling on these matters. However, for your information, a particular heading for a machine includes such a machine in a disassembled state, per General Rule of Interpretation 2(a). If the importation does not contain all the components of the disassembled machine, it will still be classified in the heading for the complete machine provided it has the essential character of the complete machine. Parts of machines, and spare parts, which are not goods provided for in any of the other headings of chapters 84 or 85, nor excluded from chapters 84 or 85, will be classified in the same heading as the machine of which they are a part provided they are solely or principally used with such machine (see Notes 1 and 2 of section XVI, Note 1 to chapter 84, and Note 1 of chapter 85, HTS).

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director
New York Seaport